HomeMy WebLinkAboutContract 28641, ,,
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�fiY S�C;R�i��Y
;�:Q'fd�f�'A�T FOR TOW TRUCK SERVI�N���+�� ��
(T1LT BEDIROLL BACK}
WHEREAS, the City of Fort Warth occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to profect the safety of
the citizens af the City of Fort Worth,
NOW, THEREFORE, KNQW A�.L BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein by
and throt�gh Libby Watson, its duly au�horized Assisfant City Manag�r, and and
TP Moior Ltd., dba Fort Worth Wrecker Service bv Mav's Rose Corp. it's General
Partner, hereinafter referred to as "Company", acting herein by and through
Tuven C Nquven, its duly aut�orized President, agree as follows:
9.
SERVICES
City hereby contracts with Company to pro�ide police �ull towing service.
As used herein, "police pull'" shafl mean that the Fort Wortf� Police Department
has called Company from the rotation �ist to eiti�er remov� a wrecked or disabled
vehicle or to remov� a vehicle in a safe driving candition, but the owner is not
present, a�le ar permitt�d to drive or to make authorizations.
��
TERM
The initial term of this contract s�a�l expire on September 30, 2D03. In
addition to the iniiial term of this contract, there shal[ be faur aptians to renew for
terms of one year each, unless earlier terminate� as hereinaft�r provided.
Renewal shall occur upan City including in its bu�get for the options years
s�fficient funds to pay for ifs abligations hereunder and Company providing proof
of insurance to City.
3.
COMPENSATfON
3.� Compensation. As compensation for pro�iding the services
contemplated by this Contract, City agrees to pay Company as fo!louv�: —.--� -
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a) Towaqe. A charge of one Ytundred twenty five dol[ars ($125.00) for towing
such vehicle from one point on a street to another location wit�in the
eorporate limifis of fihe city as directe� by the police officer at the place where
the tow or[�inated; such charge includes one-half hour of Extra Work. In th�
event Com�any responds to th� scene of a police pull with a tilt bedlro[l back
truck when the police pull cauld have been accamplished with a standard tow
truck, Company shall be entitled to the reduced charge of One hundred
dollars �$1 Q0.00).
b) Seco�d tow �ehicle. ln the event the police officer at the scene determines
that a standard tow vehicle is required in additio� to the tilt bedlroll back
truck, a charg� of �n� hundred Dollars ($10D.00) per hour, with a minimum
charge of one hour, bilied in increments of fifteen (�5) minutes while at the
scene of the police pu11. A police supervisor shall approve the use of a
second tow truck. Tra��l time is excluded.
c) Extra work. An additional charge of One hundred dollars ($10D.00) per
hour, with a minimum charge of one hour, charged in increments of fifte�n
(15) minutes, for removing vehicles that are off the street right-of-way, such
charge to be made from the time the-operator begins to remo�e the vehicle
until it is on the traveled portion of the street. Even though the �ehicie is
within the street right-of-way, an additional charge may be made if the vehicle
is located in some unusual condition within tne righ#-of-way, 5UC�1 �5, but not
limited to, a river ar a creek be� or a ditch of greater depth than th� ordinary
bar ditch. Extra wark shal[ only be allowed when authorizecl by a police officer
at the scene of the pull. The charges for such extra work shalf be re�iewed
and approved by the Auto Pound Wrecker Administrator. E�ctra work
excludes travel #ime, waiting time, and clean-up time,
d) Handlinc� hazardous materials. When the cargo of any motor vehicle or
traifer includes explosive, nuclear, radioacti�e, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Department af Trans�ortation, or the Texas Cammission on Environmental
Quality, a fee equal to one h�andred-fifty (15a) percent of the charges
Tilt Wrecker 2
Page 2 of 12
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permitted under subparagraph "a" above. In addition, a charge may be made
for expenses incurred relaied to protective clothing and any .other supplies or
equipment used in i�andling such materiais, such charge being equal to the
actual amounts incurred plus fifteen (�5) percent.
e) Nath�ng cantained herein shall be construed so as to obfigate City to expend
any sums of money except far work actually performed. Further, nothing
contained herein shall be construed so as to guarantee that City will contact
Company for any towin� service contemplated by this Contracf.
3.2 ln�oicinq and Pavment. Campany shall lnvaice City onc� per month.
Company shall include with th� invoiee such documents as may be reasonab{y
requested to provide evid�nce of the s�rvices provided to the City, which at a
minimum sY�all include copies af the wrecker selection form signed by the officer
at the scene of the police pu11 andlor personnel at the Fort Wortt� Auto Pound.
Such invoice shall be �ubject to the rev�ew and approval of apprapriate City
personnel. City shall remit payment to Company not more than thirty {34) days
following a�proval ofi invoice,
3.3 Compensation Re�iew. City shall review on an annual basis the
compensation �ro�ided for hereunder, with the firsf such re�iew to be conduc#ed
during the month of August 2003. 5imilar reviews shall occur �n August af each
succ��ding year tnafi f�is cantract is in effecf. City shal� make adjustments in the
compensation based upon increases or decreases in the cost of doing business,
taking into consideration fuel, insurance, labor, and such other costs as may be
relevar�f to the op�ration of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the following vehicles and equipment
in working condition:
a) A minimum of one (1) tili bedlroll back dual rear wheel wrecker rated at nof
less than 1�,Oa� pounds gross vehicle weighf,
b) At a minimum, a11 wreckers shall be equi�ped with tne following equipment,
which at all times shafl be mainfained in working order:
Tilt Wrecker
Page 3 of 12
3
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1)
2}
3}
�)
5)
6)
7}
8)
9)
10)
'l 1)
12)
13)
14)
15)
Tow bar
Towing lights
Emergency overhead warning lights (red or amber color anly)
Safety cnain
Fir� extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way �oice or computer communication between taw truck and
Gompany dispatcher
Backing warning signals
Wheel chocks
Traffic cones
c) Each wrecker shall have ihe identifying markings required by the Texas
Transportation Code, section 642.002. In additiori, each wrecker shall pro�ide
Notice of Complain� Procedures to the owner of a towed �ehicle as outlined by
the Texas Department of Transporkation Rul�s and Regulatians as contained in
43 Texas Administrati�e Code, Chapier 18, subcha�ter 18.89, as same may be
amended from time to time.
d) Each taw fruck and the required �q�ipment shall be inspected by fhe Chiefi of
Police or his authorized designee �rior to b�ing used for services contemplated
by this cor�fract. Ir� addition, each tow truck and the required equipment shall be
subjecf to infermittent inspection to assure compliance w�th this contract.
T'r!t Wrecker
Page 4 nf 12
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5.
INSURANCE REQUIREMENTS
Company shall maintain insurance af the following types and amounts from
insurers acceptable to the City:
5.1 Commercia[ General Liabifiiy
$500,000 each occurrence
��aa,000 aggregafe
or
Garage Liability
$500,000 each accic{ent, other than auto
$500,000 aggregate
5.2 Automobife Liability
$50Q,OOa each accident, combin�d sir�gle limit
This coverage shall include all vehicles owned or non-owned that are
operating +�nder Company's operatir�g authority.
5.3 GargolOn�Hook
$30,OQ0 per unit
Caverage sha[I include both the unit being towed and its contents.
Units covered shall include but nat be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.� GARAG�K����R'S �IA�I�IiY
$30,Oa0 per unit
�.5 VIFor�er's CompensationlAccidenf Insurance
Coverage shall meet the m[nimum requirements of siate law as con-
tained in the Motar Carrier Rules and Regulations.
5.6 Current insurance certifica#es shall remain on file with the City during the
term of this Contract. Insurance caverage may, at the sole discretion of the City,
be revised upward upon ti�irty (30} days prior written notice to Company. Policies
shall be endorsed as follows:
Tilt Wrecker 5
Page 5 0l' I 2
k) Company shall report, in a timely manner, to City"s officially designated
cantrac# admir�istrator any known loss occurrence which could give rise to
a fiability claim or lawsuit or whicf� could result in a property loss.
I) Company's liability shall nat be limited to the specified amounts of
insurance requir�d herein.
m) lJpon the request of City, Company shall provide complete copies of all
insurance policies required by tf�es� confracf documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
servic� companies opera#ing within the 5#ate of Texas exceed insurance
requirements specifi�d herein, such state or federal law, rule or regulatian shafl
prevail for the respective type of insurance coverage andlor limit fhereof.
�
DUT[ES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the fallowing duties
and have the fioElowing responsibilities:
a} Maintain as its primary business the towing of vehicl�s or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4{b) abave.
"Primary �usiness" shall mean that Company receives more than fifty per-
cent (50%) of it gross revenues from the towing of vehicles and trailers. All
of company's records shall be open to reasonable inspeetian, both at the
tima of execution of this agreement and at any time during the term hereof,
to verify compliance with this condition.
b} Maintain a currently licensed vehicle storage fiacilify located within the
cqrporafe limits of the City. "'Vehicle storage facility" shall mean a facility
operated by a person under Article 5687-9a, Revised Sta�utes.
c) Maintain business op�ration twenfy-four (24) hours a day, seven days per
week.
d) Respond to all calls contemplated by this contract within thirky (30} minuies
of notificatian, excepf in extraordinary situatio�s where delay is caused by
ice, SCIOW, or other w�ather related conditions. I n the event Company fails to
Tilt Wrecker
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respond as �equired, City may notify anather wrecker company and.
Company sY�all not be entitled to th� campensation io which it would have
been entitled had �t arrived timely.
e) Maintain on file with the City the name of the owner, president or chief
executive officer, business address and telephone number; fur�her
Gom�any shall notify the City of any change o�f ownership, presi�ent or
chief execu�ive officer, or cY�ange of address within five (5) business days of
any such change.
f) Deliver the mator vehicle being towed to the [ocation within the corporate
limits of City designated by the police officer at the scene of the pull.
Delivery shall be made without delay or detour.
g) Fu�ly cooperate with any investigation conducted by the Cify regarding
complaints against Company, whether or not such compEaints arise out of
services contem�lated by this Contract.
h) Shaff not �ecome delinquent in the �ayment of any taxes due to City,
i) Shall not go to any accEdent scene unless the Company has been calied to
th� scene by the owner or operator of a vehicle or an authorized
representative of same, or by the City.
j) Complet�ly remove all debris result�r�g from any accident to which the
Company is responding. Removal of debris shal[ not be considered
complete by merely sweeping it to the curbline.
k) SY�all not solicit any wrecker busi��ss within the corporate limits of City at
the scene of a wreeked or disabl�d vehicl�, regard[ess of whether the
solicitation is for the purpose of solicifing the business of towing, repairing,
wrecking, s#oring, trading, or purchasing the �ehicfe.
I) Shall on[y employ dr�vers of tow trucks authorized to operate same.
m)Provide the Police Pound personnel with an invaice at the time the vehicle
is delivered to the Auto Pound together with the signed wrecker selection
form to be provided.
Tiit Wrecker �
Page S af �2
7.
TERMINATION AND SUSPENSIDN
7.1 This contract may be terminated or suspended by the City for any of the
following causes:
a) Violation of any term or condition speci�ied in this c�ntract.
b) Failure to notify the Communicatior�s DiviSion of the Police Department
within fifteen (15) minutes from the time of notification if the Company will
be �nable to respond within th� thirty (3D) minutes allot�ed for a response to
a wrecCcer call.
c) Permitting a tow truck to be operated by anyone while under ti�e influenc�
of alcohol andlor drugs.
�} Permitting a�ow truck to �e operat�d by anyone whose operator's license
is suspended.
e) Transferring or assigning any call for service to any other company
f) Any s�stained complaint of theft by personnel of Company while acting in
their capacity as employees of Company, whether occurring during a police
pull or afherwise.
g) Any sustained complain� of threats made by personnel of the Company
while acfing in their ca�acity as employees of Company made against third
parties during a police pull or ofherwise.
h) Failing to comply with a[I directions of police personnel af the scene of a
police pull ar civifian or police personnel at the Police Auto Pound.
Company may request a police supervisor #o validat� any such direction
�iven.
i) Failure to comply with any state or federal law or city ordinance related to
the operation of a wrecker company.
j) Five {5) passes within a thirty (30} day period. Pass in this paragrapn sF�a[I
mean Company failing to notify the City of its inaf�ility to respond to a
request for servic� as required by paragraph 2 abo�e.
Tilf Wreckea-
Page 9 of 12
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k} Ten {1D) passes wit�in a thir�y (30) day period. Pass in this paragraph
shall mean a Company notifyit�g the City af its inability to respand to a
request for servic� as required by paragraph 2 abo�e.
l} Vio[ation of any rule or regulatian cantained in Exhibit "A" attached hereto.
7.2 City shall notify Company in writing of its intent to terminate or suspend for
cause twenty (20) days prior ta such suspension or termination. Company shall
have the right to request a hearing before the Cf�ief of Police or his d�:signee
regarding tF�e intent to terminate or suspand for cause by requesting a hearing in
writing within five (5) business days af�er receipt of notice of intent to terminate or
suspend. A hearing shalf be conducfed within fifteen (15) days of the request for
h�aring. The City, in its sole discretion, may temporarily suspend this contract
�uring any appeals process.
7.3 In the event this coniract is suspended for cause, the suspensian shall be
for a period af time of not less than six (6) months nor more than twelve (12)
months.
7.4 In the e�ent City suspends or terminates this contract for cause, and the
cause for sUch suspensior� or termination is determined to be invalid, Company's
sole remedy shall be reinstatement ofi this contract. Company ex�ressly waives
any and alf righis fo monefary �amages, including but r�ot limited to actual and
punitive dama�es, court costs and attorney's fees.
$.
INDEMNiFICATION
With regard to any liability which might arisa hereunder, City and Customer
agree that they shall be solely and exclusively liable for the negligence of its own
ag�nts, servants, subcontractors and employe�s and that neither party shall loak
to the other party ta save or nold it harmless for the conseq�ences of any
negligence on the part of one of its own agent, servan#, subconiracto� or
employee. Nothing contained h�rein shall be construed to be a waiver by City of
any right of protec�ion that if enjays under applica�Ee State or Federal law.
Till Wrecker
Page 14 of 12
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ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party without the prior writter� consent of City that sha11 not be
unreasonably withheld. Any such assignment, transfer or subletting of �his
Contract shall be void and shall operate as a termination hereof.
1D.
ZONES AND ROTATION LIST
A. City shall divide the city jnto four (4} zones tl�at shall carrespond to the four
(4) patrol divisions. Company shall be assign�d to the zone or an adjacent zone in
which it maintains its principal place of business.
B. City shall create a rofation list within each of the four (4) zones that will
dicfate the order in which wrecker companies are contacted.
C. City may reques� Campany to conduct a police pull within any zone, and
Company agrees to use its best efforts fio arri�e at the scene of tne police pull
witi�in thirty {30) minutes.
1�.
lNDEPENDENT CONTRACTOR
lt is understood and agreed by the parties hereto that Campany shall
perform all work and services hereunder as an independent contractor, and nat as
an officer, agent, servant nr employee of the Cify. Company shall hav� exclusive
control of and the exclusi�e right fio controf the details of the work or service to be
performed hereunder, and a[I persons performing same on behalf of Campany,
and shall be solely responsible for the acts and omissions of ifs officers, agents,
servanfs, employees, contractors, subcantractqrs, licensees and in�itees. Ti�e
doctrine of respondeat superior shall not apply as between the City and Company,
its officers, agents, ser-vants, em�loyees, contractors and subcontractors, and
nothing i�erein shall be construed as creating a partnership or joint venture
betwe�n the parties hereto.
�.I�witness whereof, the parties hereto have executed this Contrac# on the
� � day of �. , 20��
Tilt Wred<ar
P�ge 1 I a!' l2
11
ATT�ST:
U{foria Pearson
Ci�y Secretary
CITY �,FQRT W�,RTH
� � .
_ ���-� B _
�.'Libby l�l�tson
Assistant City Manager
APPROVE� AS TO FORM
AND L.EGALITY
�� _�
Assistant ity Attorney
ATTEST:
Carporate Secretary
�T �� �l
..T — _. — �,�---•
�anfi���►�� �u�.�aor��eation
'�' � ���.__� ___.�.-- _ �
����
TP Motor Ltd., dba Fart
Worth Wrecker Service bv
Mav's Rose Corp. it's
General Partner
(Company Name)
BY: ��c�"e��qq—"'L
Tuyen C guyen, U' '
Presidenf
i
Ti][ Wreeker 12
Page 12 of 12
������ � �
���� ����
'�he �'���o�i�g a��sles ar�� t•egt�l�i�oAas �vi�l b� foyyor�ec� �y A]GYl "►�rec�Cer C��npanies
upan �rrival �� ti�e Auto Pauud.
i. The ei�try gate will not 1�e blacked Uy wrecic�rs waiti�g to eilter or exit tk�e Auto
Potuld,
2, No wrecicer sha.il eilter the Auio Poui�d with more t11an one (1} persoil/operator,
tulless au�lloi�zed by tha on dufy sluft su�erwisor. Tlus will be done on a case by
case basis.
3. Fa� safety reasons, a Car Caixier will be required to off laad �heir caxgo when
passible. Tl�is shall be deteni�ined Uy the or� duty supervisor.
4. Inventaries sliould l�e 11�Zdled ix1 an expediiious inaz�n.er when possible. However,
Auto Pound �crsoiulel are aequired ta do a co�nglete and precise inventory of a11
property a��d vehicles. A specific tinle fiame would be impossible to znstiiute,
5. No wrecicer driverlaperator will assist with any i71ve1�r�o�y Ueing coilducted by
Auto Pauz�d perso�anel.
�. The use of Cai- Caizier�s; extra tim.e, exfra ec�uipment, etc,, sl�alZ Ue subjeci ta
ap�roval Uy tlie Wrecker Adiniiiistrator or Auto Pound Supeivisor.
7. Wrecicer drivers/operators0owtlers shall l�e required ta follavv any directioi�s or
instr�.ictiozas given i�y 1�uto Potuid persolinel.
8. Wrecker Compa�iy �wners silall Z.S515� a��t� conlply witli ��y investi�ation
perfon�:led by Auto PoL�nd �ersonnel or the �ort Wartl� Police De�artineut in
regards to their company, driver, operator and or business withot,tt hesiYation.
9. Violatioi�s of airy o� tl�e above �-u.ies shall be subject to review Uy tl�e Wreclter
Adininistx'ator ar Auto �'auild Supervisor.
'T'he Auto Poui�d Stipervisor or a lugher leve� af co�runaiid z.uay detei�line
disciplinary ac�an up ta a��.d ulcluding temlu�atioil of corl�aact.
City of I�'ort �o�th, Texas
���� �nd ����r�;� �����n�c�t;�r�
DATE REFEREfVCE NUMBER LOG NAME PAGE
4/8/03 � �-1 �544 3�Tows . � o� z
SUBJECT SUPPLEMENTAL APPROPRIATIDN ORDINANCE AND C�NTRACTS FUR NON-
CONSENT TOWING OF WRECKED OR ABAIVDONED VEHICLES FROM MIJLTlPLE
VEND4RS REQUIRED BY CiTY ORDlNANCE FQR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize contracts for Police Department reques#ed r�on-consent towing of wrecked ar abandoned
uehicl�s fram multiple vendors as required by Section 34-181 of the Code of the City af Fart Worth
(1986), as amended; and �
2. Authorize the contracts to begin April 8, 20a3, and expire Sept�mb�r 30, 20Q3, witn optians ta
re�ew far four additional one-year periods; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations by $446,944 in the General Fund from availabie funds.
�1SCUSSION:
Sectian 34-181 of the Code of the City of Fort Worth {1986), as amended, required that all palice
department, nan-consent tows, sha11 be undertaEcen pursuant to contract, specifically executed betw�en
t�� City and a wrec�er company. The Public Safety Committee extensively reviewed the new rates and
unanimously approved this recommendatian on March 25, 2Q03.
There are t�ree types af contracis and rates as follows:
� Standard tow trucks $10fl
• Tilt bedlralfback tow �rucks $125
� 'Tandem tow truci�s $180
Contracts will be execu�ed with any vendor desiring to perFarm non-consent tows for the Police
Department, if they meet the contract requfrements such as towing operatior�s being the vendors
primary business, equipment specifications, insurance, and a locafly licensed storage facility.
The fees for services ia be pravided and assignment to one of four zones are the same as cantained by
City Code. The estimated expendi#ure for t�ese services is $1.8 milfion per y�ar inciuding th�
anticipated increase (af $446,944) for t�e rema�nder of the fiscal year based on the re�ised rates. This
increase wiil be offset fby rev�nue collected as f�es.
RENEWAL OPT{ONS - These contrac#s may be renewed for up to four successive one-year terms at
the City's option. This action does not require specific City Counci! appro�al pro�ided fhe City Cauncil
C'ity of Fo�t Wot�th, T'exas
�11��� A�1� ��l��l��r ��f�1�1��1�(��t1��1
DATE REFE�ZENCE NUMBER �OG NAME PAGE
418/D3 ��� g��q, 35TOW5 2 afi 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES �ROM MULTIPLE
VENDQRS REQUIRED BY CITY ORDINANCE F4R THE POLICE DEPARTMENT
has appropriated sufficient funds to satisfy the City's obligation during the rer�ewaf term.
FISCAL iNFORMATIONICERTIFICATI4N;
The Finartce Director certifies that upon appro�al and completian af the above recommendations and
the adoption af the attac�ed supplemental appropriation ardinance, funds will be available in the current
operating budget, as appropriated, of the General Fund.
LW:r
Submitted far City Manager's
Office by:
I FUND I ACCOUNT I CENTER
� (to}
I GGQ1 539120 0353403
6183 � GGff1 462624 0353403
I AMOUN'C
CITY SECRETARY
Libby Watson
Originating Departrnent Head:
Ralph Mendoza
Additional Infarmatidn Cantaet:
5usan Alanis
4838b � (from}
I GGO'! 539920 0353403
a
1
78262 ]
$446, 944.00
$446,944.00
!�'PROV�D 04/08/D3
$446,944.00 ORD.# 15517